SK 401 

mi 1 me and Fish 
Laws 

\°^^^ Of the State of 
Louisiana 




PUBLISHED BY THE 

Board of Commissioners for the 

Protection of Birds, Game 

and Fish 

New Orleans 
1909 

WALLE t CO. LIMITED. N.O. 



Game and Fish 
Laws 



Of the State of 

Louisiana A. c^ ^ s, sVo^Vv^ Vfc*> 




PUBLISHED BY THE 

Board of Commissioners for the 

Protection of Birds, Game 

and Fish 

New Orleans 
1909 



BOARD OF COMMISSIONERS. 

Act No. 278 of 1908. 

By Mr. Ventress. 

AN ACT. 

To establish a "Board of Com- 
missioners for the Protection 
of Birds, Game and Fish" of 
this State, dtfining their duties 
and empowering them to em- 
ploy game and fish wardens 
and such other clerks, officers 
and assistants as may be 
necessary, and to provide the 
means to cany this Act into 
effect. 

Section 1. Be it enacted by the 
General Assembly of the State of 
Louisiana, That the Governor, by 
and with the advice and consent of 
the Senate, ^hall appoint a Board 
of Commissioners for the Protec- 
tion of Birds, Game and Fish, 
composed of three (3) persons, 
residents of the State, the members 
to be chosen as follows : One from 
the western, one from the central 
and one from the eastern portion of 



0- or 0. 



the State. The persons so tppoint- 
ed shall hold office as follows: 
One member for two (2) years, and 
one member for three (3) years, 
and the other member for four (4) 
years after which their successors 
shall hold office for the term of four 
(4) years, are until their successors 
are appointed, confirmed and quali- 
fied. Any vacancies occurring in 
the membership of said Board shall 
be filled by the remaining members 
of said Board, provided the person 
or persons so elected shall reside 
in the same part of the State as his 
predecessor resided. 

Section 2. Be it further enacted 
etc., The Board of Commissioner's 
above named shall be domiciled in 
the City of New Orleans, and shall 
hold an annual meeting at its dom- 
icile on the last Monday of March, 
but may hold meetings at such 
other times and places within the 
State as the Commissioners shall 
deem necessary for the transaction 
of business. 

It shall be the duty of said B ard 
to protect the birds, game and fish 
of the State and see that all laws 
relative thereto are enforced. 

It shall be the duty of said Board 
to collect, classify and preserve 
such statistics, data and informa- 



tion as will tend to promote the 
objects of thi> Act, and to take 
charge of and keep all reports, 
books, papers and documents 
which shall, in the discharge of 
their duties hereunder, come into 
their possession or under their 
control. 

It shall be the duty of said Board 
on or before the last Monday in 
April each year, to prepare and 
present to the Governor of this 
State a printed annual report, 
showing what has been done by 
them during the previous year, 
ending December 31st, the amount 
of money received by them, and 
from what sources, and the amount 
expended by them and for what 
purposes, and such recommenda- 
tion for legislation action, if any, 
as the Board may deem wise for 
the better accomplishment of the 
purposes of this Act. The Gover- 
nor shall lay copies of said reports 
before the General Assembly con- 
vening next after their receipt. 

Sections. Be it further enacted, 
etc., The Board of Commissioners 
above named shall have power and 
authority to appoint one or more 
competent men in each parish in 
the State, whose powers and duties 
shall be to enforce compliance with 



the Ga-ne Laws of the State aud 
who shall be known as game and 
fish wardens, "and who shall give 
bond in favor of the Board of Com- 
missioners in the sum of one ihous - 
and dollars, conditioned to pay all 
damages they may be liable for 
and which may be sued upon b}^ 
any person injured by them." 
They shall also appoint a compe- 
tent man as chief warden, who 
shall have general supervision of 
the parish wardens and the work 
of the said Board throughout the 
State. 

Section 4. Be it further enacted, 
etc., The game and fish wardens 
so appointed shall hold office dur- 
ing the pleasure of the Board of 
Commissioners. Said Board may 
summarily remove any of the war- 
dens, and appoint another in his 
place. Said wardens shall enforce 
all laws relative to the protection 
of birds, game and fish, and the 
provisions supplemental thereto, 
shall serve and execute all legal 
process, and shall have the power 
and authority to arrest at any time, 
without warrant, any person or 
persons found by them in the act 
of violating the laws now in force, 
or that hereafter may be enacted 
for the preservation and protection 



of birds, game and fish; and take 
such person or persons forthwith 
before any justice of the peace or 
other magistrate having jurisdic- 
tion, who shall proceed according 
to law to hear, try and determine 
the case ; the person or persons so 
arrested may be released on bond 
conditioned as the law directs ; and 
in case of forfeiture of any bond 
given by any person or persons, 
charged with violating any of the 
provisions of this Act, the amount 
realized .from said forfeiture shall 
be paid to the State Treasurer and 
placed by him to the credit of said 
"Board of Commissioners for the 
Protection of Birds, Game and 
Fish." 

Section 5. Be it further enacted, 
etc., The said Board shall have 
full power to fix the amount of 
salaries of the "chief warden and 
other wardens and of all its clerks 
and employees; provided that none 
of the game and fish wardens shall 
be paid an annual salary in excess 
of eight hundred dollars- ($800) , 
and shall have power to require 
any or all of its employees to give 
bond and solvent security for such 
amounts as it may deem fit. 

Section 6. Be it further enacted, 
etc., All salaries and other ex- 



penses of said Board are to be paid 
by the State Treasurer, on war- 
rants issued by the said Board of 
Commissioners, from a fund kept 
by him of moneys received from 
the sale of State Hunting L,icenses, 
fines for violations of the bird, 
game and fish laws, from the for- 
feiture of bond«, as provided in 
Section "4" of this Act, and from 
moneys which may be appropriated 
by the General Assembly or the 
Police Juries of any of the parishes 
of the State. If the Police Jury of 
a parish appropriates money for 
the protection of game or fish, the 
same shall be used exclusively in 
such parish and be paid out by the 
proper parish official on warrants 
issued by the Board of Commis- 
sioners for the protection of Birds, 
Game and Fish. 

Section 7. Be it further enacted, 
etc. , Said warden shall have power, 
to search and examine any cold 
storage warehouse, boat, store, car, 
conveyance, vehicle, game bag, 
game coat, fish basket or other 
recepticle for birds, game and fish, 
when they have good cause to be- 
lieve that any laws for the protec- 
tion of birds, g^ame and fish have 
been violated; and the said war- 
dens shall at any and all times, 



have the right to seize and take 
possession of any and all birds or 
animals or fish or parts thereof, 
which have been caught, taken or 
killed at any time, in any manner, 
for any purpose, or had in posses- 
sion or under control, or have been 
shipped or are about to be shipped 
contrary to the laws of the State. 
All birds, game or fish siezed by 
the wardens shall be disposed of by 
gift to the nearest hospital, charit- 
able institution, or in default there- 
of, to be distributed to the destitute 
sick. 

Section 8. Be it further enacted, 
etc. , It shall be the duty of said 
game and fish wardens to see that 
every person hunting in this State 
has in his possession an official 
hunting license, except in the case 
of a resident hunting on his own 
land. 

Section 9. Be it further enacted, 
etc.. The Auditor of the State of 
Louisiana shall, during the month 
of June of each year, issue to the 
tax collector of each of the parishes 
of the State a book or books, con- 
taining a regularly numbered series 
of official hunting licenses, which 
licenses are to be issued by the 
said tax collector to all persons 
applying for same, at the rate of 

8 



one dollar ($1.00) for all residents 
and twenty-five doUlars ($25.00) 
for all non-residents and unnatura- 
lized foreign born residents, who 
may desire to hunt. On demand, 
the tax collector shall return to the 
Auditor of the State of Louisiana 
all unused licenses, with a full 
statement of licenses issued, to- 
gether with cash remittances, in 
settlement for all license that have 
been issued, less five (5) per cent, 
of the sum collected, which amount 
is to be deducted in full payment 
for their services in issuing said 
license, and at the same time said 
tax collectors must forward to the 
State Treasurer and to the said 
"Board of Commissioners for the 
protection of Birds, Game, and 
Fish" duplicate copies of said 
statements, 

Section 10. Be it further enacted, 
etc. , In order to carry out the pur- 
poses of this Act, the Comaiis- 
sioners shall receive traveling ex- 
penses while attending to all 
matters connected with said Com- 
mission and in fartherajice of the 
objects for which said Board has 
been created, and shall have power 
to ?ncur the expenses of any of its 
employees engaged in like duties, 
both within and without the State. 



Said expenses to be paid by the 
State Treasurer on duly executed 
vouchers, from the tund kept by 
him, as previously noted. 

Section 11. Be it further enacted, 
etc., That all laws or parts of laws 
in conflict or inconsistent herewith 
be and the same are hereby re- 
pealed. 



W^ 



10 



GAME BIRDS. 

Act No. 277 of 1908. 
By Mr. Ventress. 

AN ACT. 

For the protection of game birds; 
their nests and eggs. To de- 
fine what species of birds are 
game birds. To authorize the 
issuing of a license to hunt and 
kill same. To provide the 
manner in which game birds 
may be killed. To limit the 
number of each species cf 
game birds that may be killed. 
To fix the seasons in which 
game birds may be killed. To 
regulate the transportat'on, 
shipping and carrying of game 
birds from within the State of 
Louisiana. To make game 
birds the property of the State. 
To provide for punishment of 
violators thereof. 
Section 1. Be it enacted by the 
General Assembly of the State of 
Louisiana, that all wild game birds, 
both resident and migratory, found 
in this State, are hereby declared 
to be the property of the State. 

11 



And no person shall at any time or 
in any manner acquire any pro- 
perty in or subject to his dominion 
or control, any of the game birds 
or any part thereof of the species 
herein mentioned, but they shall 
always and under all circumstances 
be and remain the property of the 
State; except that by killing the 
same during the periods when 
their killing is permitted the same 
may be used by any person at the 
time, in the manner and for the 
purpose expressly authorized. 

And whenever any person kills, 
catches, takes, ships or has in pos- 
session or under control any of the 
birds or any part theieof, men- 
tioned in this Act, at any time or 
in any manner prohibited by this 
Act, such person shall thereby for- 
feit and lose all his right to the use 
and possession of such bird or any 
part thereof, and the State shall be 
entitled to the sole possession 
thereof. 

Section 2. Be it further enacted, 
etc.. That for the purpose of this 
Act, etc., the following shall be con- 
sidered game birds: geese, brant, 
wild sea and river ducks, wood 
ducks, rails (mud hens), coots 
(poule d'eau), gallinules, jnipe, 
woodcock, sandpipers, (chorooks 

12 



and papabotte), tattlers, curlews, 
plover, wild turkey, imported phea- 
sants, grouse, prairie chickens, 
quail, doves. 

Section 3. Be it further enacted, 
etc.. That it shall be unlawful for 
any per=on to kill, snare, trap or in 
any way take, capture, annoy or 
destroy any of the following named 
game birds during the closed sea- 
sons noted herein : Doves from 
March 1st. to September 1st; geese, 
brant, wild sea and river ducks, 
rail (mud hens), coots (poule 
d'eau), gallinules, tattlers, curlew 
and plover, from March 1st. to 
October 1st. Wild turkey cocks from 
April 15th. to November 1st. Quail 
(bob white), wood duck from 
March 1st. to November 1st. 
Snipe, Sandpipers, (chorooks and 
papabottes), from May 15th., to 
September 1st. Blue winged teal 
ducks from April 1 5th. to October 
1st. 

Section 4. Be it further enacted, 
etc., That wookcock and prairie 
chickens shall not be killed nor 
had in posession at any time until 
December 1st, 1910, and thereafter 
from February 1st to December 1st 
of any year. 

Section 5. Be it further enacted, 
etc.. That it shall be unlawful for 
13 



any person to kill or destroy more 
than twenty- five of the birds men- 
tioned in Section 3 of this Act in 
any one day during the open sea- 
sons named herein; nor shall any 
hunting be done between the hours 
of sunset and sunrise. 

Section 6. Be it further eracted, 
etc., That it shall be unlawful for 
any person to capture or attempt 
to capture any of the birds men- 
tioned in this Act, or to take, de- 
stroy, or atttmpt to take or de- 
stroy the nest or eggs of any cf 
the birds mentioned in this Act. 

Section 7. Be it further enacted, 
etc., That it shall be unlawful to 
kill any of the birds named in this 
Act in the open season, noted 
herein by any means other than by 
an ordinary gun capable of being 
held to and !?hot from the shoul- 
ders. 

Section 8. Be it further enacted^ 
etc., That it shall be unlawful for 
any person to sell, offer for sale, 
or have in possession for sale any 
game bird protected under the pro- 
visions of this Act, after the first 
day of March of any year and until 
the opening dates of the fall sea- 
son as well as during the closed 
seasons noted herein. 

14 



Section 9. Be it further enacted , 
etc., That it shall be unlawful for 
any person, firm or corporation, 
their agents, officers or employees, 
to sell, exchange, expose, offer for 
sale, or exchange or have in pos- 
session eitherfor himself or others, 
any of the game birds, mentioned 
in this Act, during the closed sea- 
sons named herein, irrespective of 
the time when or place where such 
birds were killed or captured. 

Section 10. Be it further enacted, 
etc., That it shall. be unlawful for 
any person or any corporation act- 
ing as a common carrier, its offi- 
cers, agents, or servants, to ship, 
carry, take or transport beyond the 
confines of the State, any of the 
game birds mentioned in this Act, 
whether alive or dead. 

Each nou- resident hunter may 
not oftener than twice in one sea- 
son carsy home under his license 
or as baggage if exposed to view, 
not more than two wild tnrkeys, 
twenty -five ducks, snipe or rail or 
twelve other game birds. 

A non-resident hunter is hereby 
defined to be one who resides cut 
of this State. 

Section 11. Be it further enacted, 
etc., That all packages containing 
dead game birds or parts thereof, 

15 



when shipped within the State, 
shall be plainly and clearly marked 
with the name of the consignor 
and consignee, with an itemized 
statement of the number of the 
birds and names of the species, 
and said package shall be so con- 
structed as to readily permit an 
ascertainment of its contents. Ard 
any package otherwise shipped 
may be confiscated by any warden 
or duly authorized officers. 

Section 12. Beit further enacted, 
etc., That it shall be unlawful for 
any non-resident or unnaturalized 
foreign born resident to hunt with- 
in the State, unless he has in his 
possession, ready to exhibit to any 
warden or officer, upon request, a 
hunting license. Such license 
shall be issued by the tax collectors 
of the several parishes upon the 
payment of a fee of twenty -five 
dollars ( ^2 5 . 00 ) ; shall be non-trans - 
ferable, and shall be good only in 
the parish of issuance during the 
cpen season in which it is issued, 
and shall contain the applicant's 
signature and such other means of 
identification, as may be prescribed 
by the "Board of Commissioners 
for the protection of Birds, Game 
and Fish." Every non- resident 
or unnaturalized foreign -born resi- 

16 



dent found hunting, without said 
license, may be arrested on siiht 
by any officer or warden, and shall 
be liable to a fine of not less than 
fifty dollars ($50.00) nor more than 
one hundred doUars ($100.00) or 
imprisonment in the parish jail for 
not less than ten (lO) days, nor 
more than thirty (30) days, or 
both fine and imprisonment. 

Section 13. Be it further enacted, 
etc., That it shall be unlawful for 
any resident to hunt within the 
State unless he has in his poses - 
sion, ready to exhibit to any war- 
den or officer, a hunting license. 
Said license shall be issued by the 
tax collectors of the several par- 
ishes upon the payment of a fee of 
one dollar ($1,00); shall be non- 
tranferable, and shall be good 
throughout the State during the 
open season in wliich it is issued, 
and shall contain applicant's sig- 
nature and such other means of 
identification as may be prescribed 
by the "Board of Commissioners 
for the protection of Birds, Game 
and Fish." 

Every resident foucd hunting, 
on other than lands which he owns, 
without said license may be 
arrested on sight by any officer or 
warden and shall be liable to a fine 

17 



of not less than five dollars ($5.00) 
nor more than ten dollurs ($10.00) 
or imprisonment in the parish jail 
for not less than three (3) days 
nor more than five (5) days or 
both fine and imprisonment. 
Nothing in this Act shall be con- 
strued to give the holder of a hunt- 
ing license permission to hunt on 
the land of any other person, with- 
out written consent cf said owner, 
provided the latter shall have 
posted conspicuously a warning or 
warnings against hunting on said 
premises, and shall have given no- 
tice of such facts in three consecu- 
tive issues of the newspaper pub- 
lished nearest to said property. 

Section 14. Be it further enacted, 
etc., That any person or common 
carrier or their agents or officers, 
violating any of the provisions fo 
this Act, except Sections 13 and 14 
shall be deemed guilty of a misde- 
meanor and shall on conviction 
thereof pay the costs of the prose- 
cution, and be fined not less than 
five dollars ($5.00) nor more than 
ten dollars ($10.00) or be im- 
prisoned in the parish jail not kss 
than five (5) days nor more than 
thirty (30) days days, or both fine 
and imprisonment, for each wild 
game bird unlawfully captured » 

18 



killed, sold, offered for sale, had ' 
in possession for sale, purchased or 
exchanged, shipped, carried, trans- 
ported, or attempted to ship, carry, 
or transport either within or with- 
out the State, or had in possession 
during the closed season. 

Section 15. Be it further enacted , 
etc.. That all fees and fines col- 
lected under the provisions of this 
Act shall be payable to the State 
Treasurer for the use of the 
** Board of Commissioners for the 
protection of Birds, Game and 
Fish" of this State. 

Section 16. Be it further enacted, 
etc. That all laws or parts of laws 
in conflict herewith are hereby re- 
pealed. 



y^ 



19 



NOM-GAME BIRDS. 

Act No. 198 of 1906. 

By Mr. Friedrichs. 

AN ACT. 

For the protection of birds, other 
than game birds, ard their 
nests and eggs ; specifying 
which species are non-game 
birds; prohibiting trespass on 
bird breeding island; prohib- 
iting trapping; providing ihat 
such birds may be killed un- 
der certain conditions; pro- 
viding for the punishment »f 
violators thereof, and the dis- 
positions of all fines 
Section 1. Be it enacted by the 
General Assembly of the State of 
Louisiana, That all wild birds, 
other than game birds, both resi- 
dent and migratory, in this Stale, 
shall be, and are hereby declared 
to be, the property oi the State. 

Section 2. Be it further enacted, 
etc., That for the purpose of this 
Act, the following shall be consid- 
ered game birds: Geese, brant, 
wild ducks, wood ducks, rails 
(mud hens), coots (poule d'eau), 

20 



galiinules, snipe, woodcock, sand 
pipers, (chorooks and papabottes), 
tatt ers, curlew, plover, wild tur- 
key, imported pheasants, grouse 
(pheasants), prairie chickens, sand 
hiil cranes, ortolans or cedar birds, 
quail and doves. All other species 
of wild resident and migratory 
birds shall be considered non-game 
birds. 

Section 3. Be it further enacted, 
etc', That it shall be unlawful 
within the State of Louisiana, to 
kill, catch or have in possession, 
living or dead, any resident or mi- 
gratory wild bird other than a game 
bird, or purchase, offer, or expose 
for sale any such wild non-game 
bird, after it has been killed or 
caught except as permitted by this 
Act. 

Section 4. Be it further enacted, 
etc., That no part of the plumage, 
skin or body of any bird, protected 
by this Act, shall be sold or had 
in possession for sale, irrespective 
of ihe time when, or the place 
where, such bird may have been 
killed or caught. 

Section 5. Be it further enacted, 
etc., That it shall be unlawful for 
any person within the State of 
Louisiana, to take or destroy, or 

21 



attempt to take or destroy the nest 
or the eggs of any wild birds other 
than a game bird, or have such 
nest or eggs in his or their pos- 
session, except as permitted by 
this Act. 

Section 6. Be it further enacted, 
etc., That any person or society 
organized under the laws of 
this State, desiring to prevent tres- 
pass upon any land, enclosed or 
otherwise, or upon any island 
within the boundaries of the 
State of Louisiana, dedicated to 
the purpose of breeding and pro- 
tecting birds protected by this Act 
shall post same with suitable signs, 
located not less than every lineal 
one -half mile along the boundary 
lines of said lands or island; and 
it shall be unlawful for any person 
to trespass upon any such land or 
island. Any person or persons 
found so doing, may be arrested 
on sight by any warden or other 
officer, authorized by law. In the 
event of a conviction, said person 
or persons shall each be fined not 
less than ten dollars ($10.00) nor 
more than twenty -five dollars 
($25.00), or be imprisoned in the 
parish jail for not less than ten 
(lO) days, nor more than thirty 
(30) days, or to be both fined and 

22 



imprisoned, and shall further be 
liable to the penalties imposed by 
law for the killing of birds or game, 
or the taking, or attempting to take 
of eggs, or disturbing nest. 

Section 7. Be it further enacted, 
etc., That it shall be unlawful for 
any person, within the State of 
Louisiana, at any time, to use or 
set a trap, cage, net or other de- 
vice for the purpose of catching 
wild birds. Any person or per- 
son-;, found so doing, may be 
arrested on sight, by any warden 
or other officer, authorized by law. 
In the event of a conviction, said 
person or persons, shall each be 
fined not less than five dollars 
($5.00) nor more than ten dollars 
($10 00), or be imprisoned in the 
parish jail for not less than five 
(5) days, nor more than ten (lO) 
days, or be both fined and impris - 
oned. All wardens or other offi- 
cers are hereby given authority to 
confiscate all traps, cages, nets or 
other devices, which they may find 
set or being used for the purpose 
of catching wild non-game birds, 
and it shall be the duty of said 
officers to liberate any birds found 
in possession, contrary to the pro- 
visions of this Act. 

23 



This Act does not prevent any 
householder from keeping one 
resident and one migratory bird in 
a cage as a pet, provided it is not 
kept for sale, and that it shall not 
be shipped beyond the confined of 
the State. 

Section 8. Be it further enacted, 
etc,. That it shall be unlawful for 
any person or persons or any cor- 
poration acting ss a common car- 
rier, its officers, agents or servants 
to receive for shipment, ship, carry, 
take or transport, either within or 
beyond the confines of the State, 
any resident or migratory wild 
non-game bird, except as permit- 
ted by this Act. 

Section 9. Be it further enacted, 
etc., That certificates m ay be 
granted by the Secretary of State 
to any properly accredited person 
of the age of fifteen years and up- 
wards, permitting the holder 
to collect birds, their nests or eggs, 
for strictly scientific purposes only. 
In order to obtain such certificate, 
the applicant for same must pre- 
sent to the Secretary of State en- 
dorsements from two well known 
ornithologists, one of whom shall 
be a resident of the State, certify- 
ing to the good character and fit- 
ness of said applicant to be 

24 



entrusted with such privilege, and 
must pay to said officer one dollar 
($1.00) to defray the necessary 
expense attending the granting of 
such certificate. 

On proof that the holder of such 
certificate has captured or killed 
any bird, or taken the nest or eggs 
of any bird, for other than scien- 
tific purposes, the certificate shall 
become void, and he shall be lia- 
ble to a fine of not less than fifty 
dollars ($50.00), nor more than 
one hundred dollars ($100 00), or 
imprisonment for not less than ten 
(10) days,, or more than thirty 
(30) days, or both .fine and im- 
prisonment. 

Section 10. Be it further enacted, 
etc.. That the certificates author- 
ized by this Act, shall expire on 
the 31st, day of December, of the 
year issued, and shall not be trans- 
ferable, and may be withheld or 
cancelled at the discretion of the 
Secretary of State. 

A statement showing the partic- 
ulars -regarding the issuance of 
such certificate, shall be immedi- 
ately forwarded by the Secretary of 
State to the "Board of Commis- 
sioners for the protection of Birds, 
Game and Fish." 



25 



Section 11. Be it further enacted , 
etc., That the English sparrow, 
cooper's hawk, duck hawk, sharp - 
shinned hawk, and great horned 
owl, are not included among the 
birds protected by this Act. 

This Act does not prevent any 
person from killing crows, crow 
blackbirds or red -winged black 
birds, on his premises, if destruc- 
tive to crops, provided that said 
birds are not sold or offered for 
sale or shipped out of the State ; 
nor does it prevent the killing of 
kingfish'irs found nesting in the 
levees of the State, provided said 
birds or not afterwards sold or 
offered for sale or shipped out of 
the State. 

Section 12. Be it further enacted, 
etc.. That any person, violating 
any of ihe provisions of ihis Act, 
except Sections 6, 7 and 9, shall 
be guilty of a misdemeanor, and 
shall be liable to a fine of not less 
than five dollars ($5.00), nor more 
than ten dollars ($10.00), or to 
be imprisoned in the pari^h jail for 
not less than five (5) days, nor 
more than ten (lO) days, or be 
both fined and imprisoned for 
each bird, living or dead, or part 
of a bird, or nest, or set of eggs, 

26 



or part thereof, taken, killed, cap- 
tured, possessed, sold, offered for 
sale, shipped, carried or trans- 
ported in violation of this Act. 

Section 13. Beit further enacted, 
etc.. That all fines collected under 
the provisions of this Act, shall be 
payable to the State Treasurer, for 
the use of the "Board of Commis- 
sioners for the protection of Birds, 
Game and Fish," of this State, 
except that any person furnishing 
to the game wardens or other offi- 
cers, authorized under the laws of 
the State to institute a prosecution, 
sufficient evidence to convict any 
person or persons, or corporations, 
for violations of the provisions of 
this Act, shall receive, in case of 
a conviction, fifty per cent. (50%) 
of the fine collected, the same to 
be paid by a warrant, issued by 
the "Board of Commissioners for 
the protection of Birds, Game and 
Fish." 

Section 14. Be it further enacted, 
etc.. That the State and Parish 
Boards of Public Education are 
directed to provide for the celebra- 
tion, by all public schools, of 
"Bird Day," on May fifth of each 
year, being the anniversary of the 
birth of John James Audubon, the 
distinguished son of Louisiana. 

27 



On the recurring anniversary 
days, suitable exercises are to be 
engaged in, and lessons on the 
economic and esthetic value of the 
resident and migratory birds .of the 
State are to be taught, by the 
teachers, to their pupils. 

Section 15. Be it further enacted, 
etc., That all the Acts or parts of 
Acts hereunto inconsistent With or 
contrary to the provisions of this 
Act are hereby repealed. 



y^ 



28 



DEER AND FISH. 

Act No. 121 of 1906. 

By Mr. Friedrichs. 

AN ACT. 

For the protection of deer and fish. 
To provide the manner in 
which said animals and fish 
may be killed. To fix the sea- 
sons in which said animals and 
fish may be killed. To author- 
ize the issuance of licenses to 
hunt. To provide for the pun- 
ishment of violations of this 
Act. 

Section 1. Be it enacted by the 
General Assembly of the State of 
Louisiana, That all deer and fish 
found in this State shall be and are 
hereby declared to be the property 
of the State. 

Section 2. Be it further enacted, 
etc.. That no person within the 
State of Louisiana, shall kill, catch 
or have in possession, living or 
dead, any deer or fish, or purchase 
or offer for sale any such deer or 
fish, after same has been killed or 
caught, except as permitted by 
this Act. 

29 



Section 3. Be it further enacted, 
etc., That it shall be unlawful for 
any person to snare, trap, or cap- 
ture deer. 

Section 4. Be it further enacted, 
etc.. That it shall be unlawful for 
any person to kill a doe or fawn at 
any time. 

Section 5. Be it further enacted, 
etc., That it shall be unlawful for 
any person to hunt or kill deer 
between the hours of sundown and 
daybreak, or kill deer driven to 
the high land by overflow or high 
water at any time. 

Section 6. Beit further enacted, 
etc , That there shall be a period 
of 7 months in each year in which 
it shall be unlawful for any person 
to kill, snare, or trap, hunt with 
hounds or in any way annoy or 
destroy any wild deer, and that the 
Police Juries of the parishes are 
hereby empowered to set the date 
in which the closed season shall 
begin and end, provided that the 
closed season so fixed by said Po- 
lice Juries shall not be for a less 
period than the seven months be- 
fore mentioned. And provided 
further that north of the 31st paral- 
lel of latitude the months of May, 
June, July and up to August 15th 
of each year shall in every instance 

30 



be included in the closed season. 
No person shall kill more than two 
deer in any one day nor more than 
six deer in any one season. 

Section 7. Be it further enacted, 
etc., That is shall be unlawful for 
any person to catch or kill black 
bass, commonly called green trout, 
between the 1st day of February 
and the 15th day of May. Or 
striped bass, commonly called bar- 
fish, between the 1st day of Dec- 
ember and the 1st day of March. 
Or catfish, except spoonbill catfish 
and buffalo fish between the 1st 
day of March and the 1st day of 
May. Or any other species of fresh 
water fish between the 1st day of 
December and the 1st d a y of 
March. 

Section 8. Be it further enacted, 
etc., That it shall be unlawful for 
any person to catch or kill any 
bass, except by means of rod, hook 
and line; nor shall any bass short- 
er than four inches be had in pos- 
session ; all bass under that size 
that may be caught shall be imme- 
diately returned to the waters. 

Section 9. Amended by Act No. 
249 of 1908, by Mr. Marston to 
read as follows : 

Be it further enacted, etc.. That 
it shall be unlawful for any person 

31 



to use dynamite, drugs, or throw 
sawdust in streams for the purpose 
of catching or killing any fish in 
the waters of this State; provided, 
That in the enforcement of this 
Act, the fishing and the fish caught 
with rod, liook and line, held in 
hand, is hereby exempt from the 
provisions of this Act. Nor shall 
any person kill fish at night by the 
method of striking. 

Section 10. Be it further enacted, 
etc., That no seining or netting of 
any description, shall be' done in 
the bayous, lagoons or fresh water 
lakes in this State, except on writ- 
ten p:rmiss on of the "Board of 
Commissioners for the protection 
of Birds, Game and Fish." All 
wardens and other officers are 
hereby empowered to confiscate 
any seines or nets being used with- 
out such permission- 

S:ction 11. Beit further enacted, 
etc.. That it shall be unlawful for 
any person, firm or corporation to 
sell, exchange, expose, offer for 
sale or exchange, have in posses- 
sion or keep in cold storage, either 
for himself or others, any of the 
deer and fish mentioned in this 
Act during the closed seasons 
noted herein, irrespective of the 

2>2 



time when or place where such 
deer and fish may have been killed 
or caught. 

Section 12. Be it further enacted, 
etc. , That it shall be unlawful for 
any person or corporation acting 
as a common carrier, its officers, 
agents or servants to ship, carry, 
take or transport beyond the con- 
fines of the State any of the deer 
and fish, protected under this Act. 

Section 13. Be it further enacted, 
etc., That it shall be unlawful for 
any non-resident or unnaturalized 
foreign -born resident of Louisiana 
to hunt within the State unless he 
has in his possession, ready to ex- 
hibit to any warden or officer up- 
on request, a hunting license. 
Such license shall be issued by the 
tax collectors of the several par- 
ishes upon the payment of a fee of 
ten dollars (^10.00), shall be non- 
transferable, and shall be good 
throughout the State during the 
open season for which it is issued, 
and shall contain the applicant's 
signa<-ure and such other means of 
identification as may be prescribed 
by the "Board of Commissioners 
for the protection of Birds, Game, 
and Fish." Every non-resident 
and unnaturalized foreign-born 

33 



resident found hunting without 
the aforesaid license may be ar- 
rested on sight by any officer or 
warden, and shall be liable to a 
fine of not less than twenty-five 
dollars ($25.00), nor more than 
fifty dollars ($50.00) , or imprison- 
ment in the parish jail not less 
than ten (lO) days, nor more than 
thirty (30) days, or both fine and 
imprisonment. 

Section 14. Be it further enacted, 
etc.. That it shall be unlawful for 
any non-resident or unnaturalized 
foreign -born resident found hunt- 
ing for profit, either to himself or 
others. Every non-resident or 
unnaturalized foreign -born resi- 
dent found hunting for profit to 
himself or others, may be arrested 
on sight by any officer and 
shall be liable to a fine of not 
less than fifty dollars ($50.00), 
nor more than one hundred dollars 
($100 00), or imprisonment in the 
parish jail for rot less than ten 
(lO) days, nrr more than thirty 
(30) days, or both fine and im- 
prisonment. 

Section 15. Be it further enacted, 
etc., That any person or person-^, 
or common carrier, or their agents 
or officers, violating any of the 

34 



provisions of this Act, except Sec- 
tions 14, 15 and 16, s h a 11 be 
deemed guilty of a misdemeanor, 
and shall on conviction thereof, 
pay the costs of the prosecution 
and be fined not less than ten dol- 
lars ($10.00), nor more than 
twenty-five dollars ($25.00), for 
each deer, nor less than one dol- 
lar ($1.00), nor more than five 
dollars ($5.00), for each fishun- 
lawlully captured, killed, sold, 
offered for sale, or had in posses- 
sion for sale, purchased, exchang- 
ed, shipped, carried, transported 
or attempted to ship, carry, trans- 
port, either within or without the 
State, or had in possession during- 
the closed seasons, or be imprison- 
ed in the parish jail for not less 
than ten ('O) days, nor more than 
thirty (30) days, or both fine and 
imprisonment. 

Sec ion 16. Be it further enacted, 
etc.. That all fees and fines col- 
ected under the provisions of this 
Act shall be payable to the State 
Treasurer for the ufc of the 
"Board of Commissioners for the 
protection of Birds, Game and 
Fish" of this State, except that 
any person furnishing to the game 
wardens or other officers author- 
ized under the laws of the State to 

35 



institute a prosecution, sufficient 
evidence against any person or 
persons or corporation to secure a 
conviction for violations of the 
provisions of this Act shall receive, 
in case of conviction, fifty (50%) 
per cent, of the fine collected, the 
same to be paid by warrant issued 
by the ''Board of Commissioners 
ior the protection of Birds, Game 
and Fish." 

Section 17. Be it further enacted, 
€tc., That all laws and parts of 
laws in conflict herewith are re- 
pealed. 



y^ 



36 



FUR BEARING ANIMALS. 

Act No. 79 of 1906. 

By Mr. Settoon. 

AN ACT. 

For the protection of fur-bearing 
animals in the State of Louisi- 
ana, and fixing fines and pen- 
alties for the violation of the 
provisions of this Act. 
Section 1. Be it enacted by the 
General Assembly of the State of 
Louisiana, That it shall be unlaw- 
ful in this State to catch, trap or 
kill, -or pursue with intent to catch 
or kill, between the 1st day of 
March and the 15th day of Nov- 
vember in any year, any otter, 
beaver, mink, raccoon or opossum. 

Section 2. Be it further enacted, 
etc., That any person or persons 
violating the above provisions shall 
be deemed guilty of a misdemeanor 
and shall on conviction thereof be 
fined not less than ten dollars 
($10.00) nor more than one hun- 
dred dollars ($100.00), or impri- 
soned in the parish jail for not less 
than ten (lO) days, nor more than 
(90) ninety days, or both at the 



discietion of the court, for each 
offense; provided this shall not 
apply to farmers or others killing 
minks, coons or opossums about 
their premises or cultivated lands 
to prevent depredation. 

Section 3. Be it further enacted, 
etc., That any person reporting 
to any officer authorized under 
the laws of the State, to in- 
stitute prosecution, any violators 
of the Act, shall receive as a re- 
ward for such report one -half the 
fined levied and collected from the 
person so reported, and the re- 
mainder of such fine shall go to 
the public school fund of the parish 
in which the offense was com- 
mitted. 

Section 4. Beit further enacted, 
etc.. That all laws contrary to or 
in conflict with the provisions of 
this Act be and they are hereby 
repealed. 



y^ 



3S 



TERRAPIN. 

Act No. 196 of 1908. 

By Mr. Butler. 

AN ACT. 

To declare diamond-back terrapin 
the property of the State; to 
regulate the catching, killing 
and sale of same; to regulate 
the transportation, shipping 
and carrying of the same from 
and within the State of Louisi- 
ana; and to provide for the 
punishment of violators 
thereof. 

Section 1. Be it enacted, by the 
General Assembly of the State of 
Louisiana, That all diamond-back 
terrapin found in the State are 
hereby declared to be the property 
cf the State, and no person, cor- 
poration or transportation company 
shall at any time or in any manner 
acquire any property in, or subject 
to his dominion or control, any fe- 
male diamond back terrapin which 
measures less than five inches in 
the length of the under shell; and 
whenever any person kills, catches, 



takes, ships, or has in his pcsses- 
sion, or under control, either as 
owner, agent, consignee, or trans- 
porter, any female diamond -back 
terrapin measuring less than five 
inches in the length of the under 
shell, the use, title and possession 
of such terrapin shall be recognized 
in the State of Louisiana which 
shall be entitled to assume sole 
possession and control thereof. 

Section 2. Be it further enacted, 
etc., That it shall be unlawful for 
any person, firm or corporation, 
their agents, officers or emplo\ees, 
to sell, exchange, expose, offer for 
sale or exchange, or have in pos- 
session either lor himself or others 
any female diamond -back terrapin 
as described in Section 1 of this 
Act, whether dead or alive. 

Sections. Be it further enacted, 
etc., That it shall be unlawful for 
any person or any corporation act- 
ing as a common carrier its officers, 
agents or servants, to ship, carry, 
take or transport beyond the con- 
fines of this State, any female dia- 
mond-back terrapin, as described 
in this Act, whether dead or alive. 

Section 4. Be it further enacted, 
etc.. That all packages containing 
diamond -back terrapin, when 
shipped within the State, shall be 

40 



plainly and clearly marked with 
the name of the consignor and con- 
signee, with a statement of the 
number of terrapin therein con- 
tained, and said packages shall be 
so constrncted as to plainly show 
its contents. And any package 
otherwise shipped may be confis- 
cated by any warden or other duly 
authorized officer. 

Section S. Be it further enacted, 
etc., That the violation of the pro- 
visions of this Act by any person, 
firm or corporation, or agent of 
any person, firm or corporation 
shall be and is hereby declared to 
constitute a misdemeanor, and up- 
on conviction thereof, they shall 
be fined not less than one dollar 
($1.00), nor more than three dol- 
lars (;^3.00), for each female dia- 
mond-back terrapin of less than 
five inches in length of the under 
shell, found in their possession or 
control, or shown to have been 
caught, bought, sold or shipped by 
them; and in default of payment 
of such fine as may be legally im- 
posed, to be imprisoned with the 
discretion of the court for not 
more than thirty (30) days. 



41 



ALLIGATORS. 

Act No. 37 of 1908. 
By Mr. Welsh. 

AN ACT. 

To authorize Police Juries of each 
parish to enact such laws and 
to fix such penalties for the 
violations of the same as they 
deem necessary to prohibit the 
killing and destruction of alli- 
gators. 
Section 1. Be it enacted by the 
General Assembly of the State of 
Louisiana, that the Police Juries 
of their respective parishes 
throughout the State of Louisiana, 
are hereby authorized to enact such 
laws as they deem best to prohibit 
the killing and destruction of alli- 
gators and to fix a penalty for the 
violation of the same. 

Section 2. Be it further enacted, 
etc., That all laws or parts of laws 
in conflict with this Act are hereby 
repealed. 



42 



SHIPMENT OF GAME. 

Act No. 207 of 1908. 

By Mr. Welsh. 

AN ACT. 

To authorize Police Juries of each 
parish throughout the State of 
Louisiana to enact such laws 
and to fix such penalties for 
the violation of the same as 
they deem necessary to regu- 
late the shipping- of game, 
except deer and game birds, 
out of their repectivepaiishes. 

Section 1. Be it enacted by the 
General Assembly of the Stat- of 
Louisiana, That the Police Juries 
of their respective parishes 
throughout the State of Louisiana, 
are hereby authorized and empow- 
ered to enact such laws as they 
deem best to regulate the shipping 
of game, except deer and game 
birds, out of their respective par- 
ishes, and to fix a penalty for the 
violation of the same. 

Section 2. Be it further enacted, 
etc., That all laws in conflict with 
this Act are hereby repealed. 

43 



THE LACY ACT? 

Enacted by the United States 
Congress. 

Be it enacted by the Senate and 
House of Representatives of the 
United States of America in Con- 
gress assembled, That the duties 
and powers of the Department of 
Agriculture are hereby enlarged 
so as to include the preservation, 
distribution, introduction and res- 
toration of game birds and other 
wild birds. The Secretary of Agri- 
culture is hereby authorized to 
adopt such measures as may be 
necessary to carry cut the pur- 
poses of this Act and to purchase 
such game birds and other wild 
birds as may be required therefor, 
subject however, to the hws of 
the various States and Territories. 

The object and purpose of this 
Act is to aid in the restoration of 
such birds in those parts of the 
United States adapted thereto 
where the same have become 
scarce or extinct, and also to reg- 
ulate the introduction of American 

44 



or foreign birds or animals in lo- 
calities where they have not here- 
tofore existed. 

The Secretary of Agriculture 
shall from time to time collect and 
publish useful information as to 
the propagation, uses and preser- 
vation of such birds. 

And the Secretary of Agriculture 
shall make and publish all needful 
rules and regulations for carrying 
out the purposes of this Act, and 
shall expend for said purposes 
such sums as Congress may appro- 
priate therefor. 

Section 2. That it shall be un- 
lawful for any person or persons to 
import into the United States any 
foreign wild animal or bird, ex- 
cept under special permit from the 
United States Department of Agri- 
culture: Provided, that nothing in 
this section shall restrict the im'- 
poitation of natural history speci- 
mens for museums or scientific 
collections, or the importation of 
certain cage birds, such as domes- 
ticated canaries, parrots or such 
other species as the Secretary of 
Agriculture may designate. 

The importation of mongoose, 
the so-called "flying foxes" or 
fruit bats, the English sparrow, 

45 



the startling, or such other birds 
or animals as the Secretary of 
Agriculture may from time to time 
declare injurious to the intesests 
of agriculture or horticulture is 
hereby prohibited, and such species 
upon arrival at any of the ports of 
the United States shall be destroy- 
ed or returned at the expense of 
the owner. The Secretary of the 
Treasurer is hereby authorized to 
make regulations for carrying into 
effect the provisions of this Sec- 
tion. 

Section 3. That it shall be un- 
lawful for any person or persons to 
deliver to any common carrier, or 
for any common carrier to trans- 
port from one State or Territory 
to another State or Territory, or 
from the District of Columbia or 
Alaska to any State or Territory, 
or from any State or Territory to 
the District of Columbia or Alaska, 
any foreign animals or birds the 
importation of which is prohibited, 
or the dead bodies or parts thereof 
of any wild animals or birds, where 
such animals or birds have been 
killed in violation of the laws of 
the State, Territory or District in 
which the same were killed: Pro- 
vided, That nothing herein shall 
prevent the transportation of any 

46 



dead birds or animals killed during 
the season when the same may be 
lawfully captured, and the export 
of which is not prohibited by law 
in the State, Territory or District 
in which the same are k lied. 

Section 4. That all packages 
containing such dead animals, 
birds or parts thereof, when ship- 
ped by interstate commerce, as 
provided in Section 1 of this Act, 
shall be plainly and clearly mark- 
ed, so that the name and address 
of the shipper and the nature of 
the contents may be readily ascer- 
tained on inspection of the outside 
of such packages. . For each eva- 
sion or violation of this Act the 
shipper shall, upon conviction, pay 
a fine of not exceeding two hun- 
dred dollars ($200.00) ; and the 
consignee knowingly receiving 
such articles so shipped and trans- 
ported in violation of this Act shall , 
upon conviction, pay a fine of not 
exceeding two hundred dollars 
($200.00); and the carrier know- 
ingly carrying or transporting the 
same shall, upon conviction, pay 
a fine of not exceeding two hun- 
dred dollars ($200.00). 

Section 5. That all. dead bodies, 
or parts thereof, of any foreign 
game animals, or game or song 

47 



birds, the importation of whicli Is 
prohibited, or the dead bodies, or 
parts thereof, of any wild game 
animals, or game or song birds 
transported into any State or Ter- 
ritory, or remaining therein for 
use, consumption, sale, or storage 
therein, shall upon arrival in such 
State or Territory be subject to 
the operation and effect of the laws 
of such State or Territory enacted 
in the exercise of its police powers, 
to the same extent and in the same 
manner as though such animals 
and birds had been produced in 
such State or Territory, and shall 
not be exempt therefrom by any 
reason of being introduced therein 
in original packages or otherwise. 
This Act shall not prevent the im- 
portation, transportation or sale of 
birds or bird plumage manufactured 
from the feathers of barnyard fowl. 

Approved, May 25th, 1900. 



W^ 



48 



INDEX. 



PAGE 



Annual Meetings ot Board 3 

" Report '' " 4 

Appointment of Wardens 4 

Alligators 42 

Board of Commissioners 2 

Birds in Cages 23 

Bird Day 27 

Black Bass, Season 31 

Bar Fish, " 31 

Buffalo Fish, " 31 

Black Bass, Size of 31 

Beavers, Protected 37 

Catfish, Season 31 

Cold Storage of Deer and Fish Pro- 
hibited 32 

Domicile of Commissioners 3 

Duties of " 3 

" " Wardens 5 

Deer, Property of the State 29 

" Cannot be Captured 29 

" Hours in which to Kill : 30 

" Seasons " " 30 

Dynamiting, Prohibited 31 

Expenses of Commissioners 9 

Fines, Payable to 37, 27, 19 

Fish, Property of the State 29 

" Fresh Water, Seasons 31 

Fees, Payable to 38, 37 

Fines , 37 

Game Birds, Property of the State.... 11 

Named 12 

May be Killed 13 

Protected 13 

Number Killed 13 

Nest and Eggs 14 

" Closed Seasons 15, 14 

" Shipment of 15 

Guns, Prohibited 14 



INDKX— Contlnueci. 



Hunting Licenses 8 

" " for Non-residents.... 16 
for Residents 17 

Lacey Act 44 

Minks, Protected 37 

Non-residents 33, 16, 14 

Nou-game Birds, Named 20 

not Protected 25 

Nests and Eggs, Non-game Birds 21 

Netting, Prohibited 33 

Opossums, Protected 37 

Penalties 26, 14 

Plumage of Birds 21 

Posted Lands 22 

Permission to Kill, Non-game Birds 24 

Rights to Search 7 

Residents Licenses 35 

Raccoons, Protected 37 

Salaries of Wardens 6 

How Paid 7 

State Auditor 8 

Shipments of Game Birds 16 

Striped Bass, Seasons 31 

Seining, Prohibited 33 

Shipment of Terrapin 40 

" Deer 

" Game 43 

Trapping, Birds 23 

Terrapin, Property of the State 39 

" Sizes Permitted 39 



LIBRARY OF CONGRESS 



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